HB 1594 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, providing for collection, verification and disclosure of information by online marketplaces to inform consumers.

1757, 2593, 26592659, PRINTER'S NO.

29893373 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1594 2021 INTSCHROEDER,INTRODUCED BY TOMLINSON, SANKEY, THOMAS, MILLARD, TOPPER, SCHROEDER, FARRY, STAATS, POLINCHOCK, KAIL, MOUL, BURNS, QUINN, DELOZIER, NEILSON, HELM, LABSLABS, AND T.

DAVIS,DAVIS AND WELBY, JUNE 10, 2021 SENATORAS TOMLINSON,AMENDED CONSUMERON PROTECTIONTHIRD ANDCONSIDERATION, PROFESSIONAL LICENSURE, IN SENATE, ASJULY AMENDED,7, APRIL 13, 2022 AN ACT Amending the act of December 17, 1968 (P.L.1224, No.387), entitled "An act prohibiting unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce, giving the Attorney General and District Attorneys certain powers and duties and providing disclosure of information by online marketplaces to inform consumers.

20210HB1594PN298920210HB1594PN3373 - 2 - (b) An online marketplace shall have all of the following duties:

<-- (D) IF A HIGH-VOLUME THIRD-PARTY SELLER FAILS TO COMPLY WITHIN ten days after the issuance of the second notice, THE <-- 20210HB1594PN298920210HB1594PN3373 - 3 - ONLINE MARKETPLACE SHALL suspend the future sales activity of the high-volume third-party seller until the high-volume third- party seller complies with subsection (b) (B)(2).

(1) Provide the information specified under subsection (h) <-- 20210HB1594PN298920210HB1594PN3373 - 4 - (I) to the online marketplace.

20210HB1594PN298920210HB1594PN3373 - 5 - (4) Whether the high-volume third-party seller used a different seller than listed on the product listing, prior to purchase, to supply a consumer product to a consumer and, upon the request of an authenticated purchaser,purchaser theOF informationTHE CONSUMER WHO <-- PURCHASED THE CONSUMER PRODUCT FROM THE HIGH-VOLUME THIRD-PARTY SELLER VIA THE ONLINE MARKETPLACE, the information specified under clauses (1), (2) and (3) relating to the different seller.

(i) (J) Subject to the limitations under subsection (j),(j) (K), <-- upon the request of a high-volume third-party seller, an online marketplace may provide for the partial disclosure of the information specified under subsection (h)(1) (I)(1), (2) and <-- (3) to a consumer in accordance with the following:

(iii) (2) If the high-volume third-party seller certifies to <-- the online marketplace that the high-volume third-party seller is a business that has a physical address for product returns, the online marketplace may disclose the high-volume third-party 20210HB1594PN3373 - 6 - seller's physical address for product returns.

20210HB1594PN2989 - 6 - (iv) (3) If the high-volume third-party seller certifies to <-- the online marketplace that the high-volume third-party seller does not have a telephone number other than a personal telephone number, the online marketplace shall inform the consumer that there is no telephone number available for the high-volume third-party seller and consumer inquiries should be submitted to the high-volume third-party seller's email address or other means of electronic messaging provided to such seller by the online marketplace.

<-- (j) (K) If an online marketplace becomes aware that a high- <-- volume third-party seller has made a false representation to the online marketplace to justify a partial disclosure under subsection (i) (J) or the high-volume third-party seller has <-- requested and received an authorization for a partial disclosure under subsection (i) (J) and has not provided responsive answers <-- within a reasonable time frame to a consumer inquiry submitted to the high-volume third-party in accordance with subsection (i) <-- (J),(J) (I), the online marketplace shall, after providing the high- <-- volume third-party seller with a written or an electronic notice and an opportunity to respond not later than ten days after the issuance of the notice, suspend the future sales activity of the high-volume third-party seller unless the high-volume third- party seller consents to the disclosure of the identity information required under subsection (h)(1) (I)(1), (2) and <-- (3).

(k) (L) An online marketplace shall, in a clear and <-- conspicuous manner, disclose to a consumer on EACH product <-- listing of a high-volume third-party seller a reporting 20210HB1594PN3373 - 7 - mechanism that allows for electronic and telephonic reporting of 20210HB1594PN2989 - 7 - suspicious marketplace activity to the online marketplace.

20210HB1594PN3373 - 8 - (3) The Attorney General shall promulgate regulations as 20210HB1594PN2989 - 8 - necessary to enforce the provisions of this section.

"High-volume third-party seller" means a participant in an online marketplace who is a third-party seller and who, for a continuous period of twelve months during the previous twenty- four months, has entered into at least two hundred discrete sales or transactions of new or unused consumer products and an <-- aggregate total of at least five thousand dollars ($5,000) gross 20210HB1594PN3373 - 9 - revenues.

For purposes of calculating the number of discrete 20210HB1594PN2989 - 9 - sales or transactions or the aggregate gross revenues under this <-- definition, an online marketplace shall only count sales or <-- transactions made through the online marketplace and for which payment was processed by the online marketplace directly or through the online marketplace's payment processor.

(i) The business entity has made the business entity's name, 20210HB1594PN3373 - 10 - business address and contact information available to the 20210HB1594PN2989 - 10 - public.

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